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Tag: Court

  • Court strikes out Uba, four others’ bail application

    Court strikes out Uba, four others’ bail application

    A Federal High Court in Lagos on Monday struck out a bail application filed by Ifeanyi Uba, the Chief Executive Officer, Capital Oil and Gas, and four others charged with N43.29 billion fuel subsidy fraud.

    The News Agency of Nigeria reports that others charged with Uba are Nsika Usoro, Godfrey Okorie, Chibuzor Ogbuokiri, and Joseph Orji, all employees of the Capital Oil and Gas.

    The men, being prosecuted by the Nigeria Police Special Fraud Unit (SFU) before a Tinubu Magistrates’ Court in Lagos, were on October 11 ordered to be remanded in the custody of the SFU for 14 days.

    Uba and the others were charged with economic sabotage, obtaining money by false pretences, stealing of N43.291 billion, property of the Federal Republic of Nigeria, money laundering and forgery.

    Justice Okon Abang, in his ruling described the application as incompetent and defective.

    Abang also stated that counsel to the applicant, Mr. Joseph Nwobike (SAN), had failed to inform the court that the applicants were detained on a subsisting order of remand, made by Magistrate Martins Owumi.

    He said that this fact was not deposed to by the applicants’ counsel in their affidavit of urgency before the court.

    “I have gone through the affidavit filed by the applicants’ counsel, and I find no place where it is stated that there was a subsisting order for remand by the magistrate court.

    “I cannot possibly comprehend why the learned SAN has chosen to hide this fact from the court,” he said.

    He also stated that although the applicants could bring an application for bail before the court, they could not do so under the Fundamental Human Rights Enforcement Procedure Rules.

    “Where bail is refused an applicant at the magistrates’ court, he has the right to bring his application before a higher court, but he has to do so within the confines of the law.

    “I cannot make findings on the bail application of the applicants, brought pursuant to the Fundamental Human Rights Enforcement Procedure Rules.

    “The applicants cannot use this rule to challenge a subsisting order of court. Whether the magistrate had or exceeded his jurisdiction is entirely a different issue,’’ Abang said.

     

  • Court hears appeal on Edo Assembly seat

    The Court of Appeal sitting in Benin, the Edo State capital, yesterday began hearing the appeal filed by Anselm Agbabi.

    Agbabi is challenging the guard Mr. Kabiru Adjoto as the Action Congress of Nigeria’s (ACN’s) standard bearer in the 2011 House of Assembly election.

    Adjoto represents Akoko-Edo State Constituency 1.

    Justice Adamu Hobon of the Federal High Court in April declared Adjoto the party’s standard bearer.

    Justice Hobon said the party violated the Electoral Act by substituting Adjoto’s name with that of Agbabi, who was the runner-up in the ACN primaries held in January, 2011.

    When the matter came up for hearing yesterday, Adjoto’s counsel Nosa Osifo drew the court’s attention to a letter signed by the ACN State Secretary, Chief Osaro Idah, dissociating the party from the suit.

    The letter, dated May 23, 2012, said ACN was not a party to the appeal.

    It reads: “It should be taken as impersonation, if any lawyer is purported to have been briefed by the ACN. Adjoto remains the elected member for Akoko-Edo Constituency 1.”

    Osifo alleged that the signatories were different.

    But Agbabi’s counsel Ken Mozia said there was another letter signed by Idah on October 15 instructing his firm to represent the party in the suit.

    Justice George Shoremi warned Osifo not to interfere in the letters and said the ACN should state its withdrawal in an application.

    When contacted about the party’s stand on the case, ACN State Organising Secretary Frank Airewele said the party was not interested in the case.

     

     

     

     

     

  • Court jails bureau de change operator

    A  Kano State High Court has sentenced a bureau de change operator, Muktar Yusuf Gwadabe, to two and half years imprisonment with an option of N250, 000 fine.

    Gwadabe, who was prosecuted by the Economic and Financial Crimes Commission (EFCC), was convicted by Justice Dije Abdu Aboki for fraud, criminal breach of trust and issuance of a dishonoured cheque amounting to N70million.

    The judge ordered the accused to pay N76million to the complainant, Alhaji Nura Ammani and in default, to serve a prison term of five years.

    A statement by the Head of Media and Publicity of the EFCC, Wilson Uwujaren, said Gwadabe was arrested in February 2009, following a petition by Ammani, who allegedly gave him (Gwadabe) N152million for the supply of $1million.

    The statement said: “The convict supplied $500,000, (equivalent of N76million), but allegedly misappropriated and converted to his personal use, the balance.

    “The accused issued a cheque of N76 million to the complainant which when presented for payment was returned unpaid because of insufficient fund in the accused’s account.”

    The EFCC also said it has arraigned Bernard Nebani before Justice Habeeb Abiru of the Lagos High Court, Ikeja, for alleged stealing and fraudulent conversion of N5.72million.

    According to the charge, “Bernard Nebani on or about June 13, 2008 at Lagos stole and fraudulently converted 57,200 litres of petroleum products valued at N5.72million property of Leadland Resources Limited.

    “Justice Abiru adjourned the case till October 24 for hearing of the bail application and ordered that the accused be remanded in Kirikiri prison.”

     

  • Pension scam: Court to rule on suspects’ application October 16

    Pension scam: Court to rule on suspects’ application October 16

    An Abuja High Court has further adjourned to October 16 ruling on an application to quash the criminal charges in the N32.8 billion Police Pension Fund scam against three of the six accused persons.

    Justice Abubakar Talba had on July 17, fixed October 9 for ruling on the motion filed by Atiku Kigo (a former permanent secretary), Mrs. Veronica Onyegbula (cashier) and Sani Zira (ICT officer).

    The trio, who are charged along with Esai Dangabar (director), Ahmed Wada (director) and John Yusufu (assistant director), are members of staff of the office of the Head of Service of the Federation, currently on suspension.

    The News Agency of Nigeria reports that they were arraigned by the Economic and Financial Crimes Commission on a 16-count charge bordering on conspiracy and criminal breach of trust.

    The EFCC said the alleged fraud was perpetrated between January 2009 and June 2011.

    On arrival in the court, its clerk, Malam Garba Isa informed the counsel to the accused, Mr. Ricky Tarfa and that of the EFCC, Mr. Rotimi Jacobs that the ruling was not ready.

    He said the judge had asked the counsels in the case to pick another date for the ruling.

    NAN recalls that the three accused persons want the court to quash the charges on the grounds that the EFCC has no evidence against them.

    They insisted that there was no nexus linking them to the commission of the alleged offence.

    Particularly, Onyegbula insists in her application that the EFCC could not prove to the court that she signed any document from the pension office, to collect the said money.

    She also argued that she was just “an errand girl” and that since she was not in position of authority at the pension office, she could not have influenced any decision on the sharing of any money.

     

  • APGA chair: Court stops Umeh

    An Enugu High Court yesterday restrained Chief Victor Umeh from performing the functions of the National Chairman of All Progressives Grand Alliance (APGA) pending the determination of the substantive suit before the court.

    The court, presided over by the Chief Judge of Enugu State, Justice Innocent Umezulike, also restrained Umeh, his agents or proxies, in an interlocutory injunction, from expelling any member of the party.

    Ruling on a motion on notice for interlocutory injunction by Jude Okuli, who is challenging the legality of Umeh’s position as National Chairman, Justice Umezulike noted that the motion was to be heard on July 29 but was stalled by various interlocutory motions brought by the defendant.

    He averred that since the defendant had not filed any defence, the motion remained unchallenged.

    Justice Umezulike said: “Therefore, the motion on notice for interlocutory injunction succeeds. The defendant is hereby restrained from taking steps as Chairman of APGA and expelling any member, pending the determination of the substantive suit.”

    The judge vacated an earlier order he granted on July 25, restraining Umeh from convoking a national, state or local government executive committee of the party or expelling any member of the party, pending the determination of the motion on notice.

    He struck out two motions for stay of proceedings and his disqualification from the suit.

    Justice Umezulike awarded a N20,000 cost against Umeh on each of the motions.

    The judge adjourned judgment indefinitely on the substantive suit, adding that hearing notices would be issued to the parties when the judgment is ready.

    Umeh described the verdict as “travesty of justice”.

     

  • Court adjourns Briton’s N1b suit against police till Nov 20

    Court adjourns Briton’s N1b suit against police till Nov 20

    Justice Gabriel Kolawole of the Federal High Court, Abuja has adjourned a suit filed by a British citizen, Mr Khomeini Bukhari against the Inspector General of Police, Mohammed Abubakar till November 20.

    The court will hear a Preliminary Objection filed by the police chief that day.

    He is asking the court to strike out the matter on the ground that he was not responsible for the alleged libel for which he was sued. Besides, he said the action is statute barred.

    Mr Bukhari had on May 25 instituted action, seeking a declaration that the alleged failure of the defendant and his officers to investigate the report he said he made to them on October 31 concerning a robbery incident involving some police officers on October 29 at the Millennium Park, Abuja amounts to a tortious breach of a statutory duty to investigate crime to his detriment.

    He prayed for an order of mandamus compelling Mohammed to investigate the report he made and make public the outcome.

    The plaintiff sought a declaration that the statements widely published by the print media on about December 7, 2011 credited to Mr Jimoh Moshood, the public relations officer of the Federal Capital Territory (FCT) Command of the Nigeria Police Force was libelous.

    The police spokesman was said to have stated that no policeman was posted on duty to the place on the day in question, adding that the information given by the Briton was incoherent and has no bearing with what is known in the police hierarchy in the FCT.

    In his court process, the plaintiff alleged that the police spokesman said: “The man only wants to embarrass us. We were wondering what he could be doing at such a place by 6.00 p.m in the evening alone and no other person was in the entire vast park. We have also asked him to come forward to give a statement but he refused, saying he has travelled.

    “The first time the man came, he looked unkempt and untidy and from his physique and the incoherent manner of his statements, it seems he is not in his best frame of mind.

    “I suspect he only wants to embarrass us but we have commenced investigations into his complaints. When we post policemen on duty in the evenings, we give them torchlight but the man said none of them had torchlight.”

    Moshood was also said to have claimed that he could not understand why the plaintiff was carrying about a huge amount of cash.

    The plaintiff sought N1billion as exemplary and aggravated general damages for the injury he claimed he suffered “as a result of the tortuous breach by the defendant of the duty to perform his statutory duty to investigate the robbery incident of October 29, 2011 and malicious and libelous publication against the plaintiff.”

    He also sought a public apology from the police, and an order of perpetual injunction restraining them from further publishing the libelous statements.

  • Court acquits  petroleum marketer of N27m ‘theft’

    Court acquits  petroleum marketer of N27m ‘theft’

    Justice Joseph Oyewole of a Lagos High Court, Ikeja has discharged and acquitted a  petroleum product marketer, Adamu Yakubu Baffa, of the allegation of stealing and fraudulent conversion of N27,155,000.

    He was charged by the Economic and Financial Crime Commission(EFCC).

    Giving judgment, Justice Oyewole said he found the defendant not guilty of the charge.

    Justice Oyewole said the sole issue for determination was whether the prosecution had proved beyond reasonable doubt that the defendant was guilty of the one- count charge of stealing against him, adding that being a criminal case, the onus of proof is at all times on the prosecution.

    The trial judge held that the prosecution failed to prove the one-count charge of stealing, fraud and fraudulent conversion of money against the defendant beyond reasonable doubt.

    The EFCC had brought a one-count charge against Baffa who was alleged to have, sometime in June 2004, stolen, defrauded and fraudulently converted N27,155,000 said to have been entrusted in his care for a business transaction by one Alhaji Sani Mohammed Lawal.

    The EFCC said the offence was contrary to provisions of Section 390(8)(b)of the Criminal Code Law Cap C 17, Vol. 2 Laws of Lagos State of Nigeria, 2003.

    EFCC had alleged that Baffa, who is a chemical engineer, collected N112.5 million in two bank cheques for the supply of a consignment of 75 trucks of diesel.

    The commission alleged that the defendant failed to remit the balance of the money not used back to Alhaji Lawal when Ibeto Petro Chemical Industries Limited, Lagos,  stopped further supply because it had problems with its bankers who sealed off its premises.

    It was also alleged that the defendant altered documents of the transaction to reflect his company’s name, thereby betraying the trust of Alhaji Lawal.

    The defendant had denied the charge and pleaded not guilty to the one-count charge.

    The judge remarked that while a prosecution witness, Alhaji Lawal indicated in his evidence a deficit of the N27.155million against the defendant and his company, the prosecution failed to identify the money supposedly stolen in this case and show how it was converted by the defendant.

    “It is not every situation of transaction deficit in a partinership that will amount to conversion or stealing unless specific evidence is led satisfying the justification of conclusion of criminal culpability” the judge said.

    The trial judge, acknowledging evidence of the refund being made to Alhaji Lawal held that since the defendant has commenced the process of payment of outstanding sum in the business before the charge was filed, “the defendant has negated every suggestion that he intended depriving the Lawal of the sums of money alleged to be stolen”.

    Justice Oyewole said that the prosecution also failed to give evidence to show that the money in issue came from the personal account of Alhaji Lawal.

    The judge said that he cannot accept the submission of the prosecution that corporate criminal liability could lead to a private individual being charged instead of the company.

  • Edo gets new court rules

    Edo gets new court rules

    The Edo State Judiciary yesterday replaced its 24-year-old Civil Procedure Rules with a new one, which the State Chief Judge, Justice Cromwell Idahosa, said was designed to strengthen and aid access to justice.

    Justice Idahosa spoke in Benin, the state capital, at the unveiling of the new court rules.

    He said it was the hallmark of the Rule of Law and would guide court proceedings.

    Justice Idahosa said the new rules would endear in the hearts of the people a renewed faith in the administration and a rekindled hope for the speedy dispensation of justice.

    He said the extant rules in use since 1988 have become obsolete and was being employed to waste valuable time.

    The CJ said: “The result was that cases could last up to seven years and in some inexplicable instances up to 10-15 years.

    “This is not a desirable state of affairs as it shows that the Judiciary is not playing its role, which generally is to settle disputes between all persons, states and governments.

    “The idea is to have a system that resolves these disputes without disputants resorting to self-help or violence, which could lead to a breakdown of law and order.

    “A good system for resolving disputes is one that is independent, transparent, accountable, efficient, cost-effective and timely.”

    Governor Adams Oshiomhole cautioned the Judiciary against unethical professional practices and unhealthy collaboration with the police.

    Oshiomhole urged the Judiciary not treat anybody as a sacred cow.

    He said: “Just recently, the police in this state arrested an innocent person and charged him for murder without any convincing evidence. This should never happen in a democracy. It is as bad as Decree Two under the military.

    “When the police abuse their power by arresting innocent people, the judiciary should refuse to assist them to legalise it. I praise the courage of the judge, who granted the person bail, even though the police did not obey it. I also hail the second judge, who finally granted the bail that the police had no choice but to comply with.

    “The court should expedite action on matters where the issues before it are clearly frivolous, especially in granting bail application, and where they discover rascality in the police force, such they should be exposed.”

  • Court acquits man of N63m advance fee fraud

    Court acquits man of N63m advance fee fraud

    An Ikeja High Court has discharged and acquitted a man, Leonard Duru, of the allegation of conspiracy and obtaining $399,868 (about N63,179,144) by false pretence from a Switzerland based company, Intronn Druck AG Company.

    Justice Olubunmi Oyewole said he did not find the accused guilty on each of the 18-count charge preferred against him by the Economic and Financial Crimes Commission (EFCC).

    The EFCC, had through its counsel, Mr. A.B.C. Ozioko, brought the charge against Duru, who goes by the aliases, Emmanuel Obieze, Dr. Enitan Obi and Mr. Obi.

    The commission alleged that Duru and others at large, between March 21, 1996 and July, 1996, with intent to defraud, obtained $399,868 from the Switzerland based company by falsely pretending that the money represented the cost of establishing a branch of the company in Nigeria, a claim which they knew to be false.

    The commission alleged that the accused and others at large, also forged the Central Bank of Nigeria letter head, dated 4th April, 1996 and Teo Travels and Tours Limited, purporting the documents from the companies respectively.

    The prosecutor said the offences contravened sections 8(a) and 1(3) of the Advance Fee Fraud and other Related Offences Act No 13 of 1995 as amended by Act no 62 of 1999; Section 467(1)(b) and Section 468 of the Criminal Code Cap C. 17 Vol. 2, Laws of Lagos State of Nigeria, 2003.

    The accused, represented by Mrs. B.O. Awachuo, which earlier had its no case submission overruled had rested her case on that of the prosecution.